Análisis comparativo entre los Sistemas de Seguridad y Salud en el Trabajo (SG-SST) de los países miembros de la Comunidad Andina de Naciones "CAN".

Abstract

The member countries of the Andean Community of Nations (CAN) are currently in a process to implement the Occupational Health and Safety Management System (OHSMS) based on the decisions issued by that organization. This research shows a comparative analysis of the (OHSMS) of each member country as of the closing of December 31, 2017, the development arises from the construction of legal matrixes for each country: Bolivia, Colombia, Ecuador and Perú. This construction allows to identify the legislation on occupational health and safety. Additionally, a search of the legislation was made that obliges the organizations of the countries to: implement the (OHSMS), based on a subsequent regulation to the issuance of Decision 584 of May 7, 2004 of the CAN, to analyze the impact of them, and establish a rule to evince the deadlines that have been generated to closing aforementioned.To elaborate this project, in the first place an exhaustive research of documentation referring to the subject was carried out through ministries, control entities, technical entities. In the second place, the confirmation of the construction of each of the legal matrixes has been done, this was made through technical consultations or inquiries asked to specialists on the subject from every country using LinkedIn. Once the correct management of the matrix was ensured, the basic rules associated with the OHSMS were identified, as well as the legislative impact in their territories and the deadlines established by the governments for their companies to complete the proper implementation of them. As a conclusion, it was possible to prove that Colombia is the country with the highest legislation on health and safety at work, due to the impact generated by the decisions of the different international treaties. On the other hand, countries such as Bolivia and Ecuador do not have a subsequent legislation to CAN decisions that ensure effective compliance with the system in each of their countries. In the same way, based on the consultations made to the specialists of these countries, they confirmed that they are in the elaboration of the base norm. For this reason, it was not possible to demonstrate a high impact in the implementation of the standard associated with the OHSMS. In the case of Perú, this country implemented the basic rule in 2012 (Supreme Decree 005-2012-TR) with respect to Colombia (Decree 1443 of 2014), with very similar criteria in the final document of both, through the advance on the latter mentioned is more evident. Finally, Colombia was the only member country with regulations associated with implementation deadlines (Resolution 1111 of March 27, 2017) of the regions belonging to the CAN.